Extension of Time, Waiver, Etc. Any agreement on the part of any of Purchaser, Seller or Abbott to extend the time for the performance of any of the obligations or other acts of the other Persons party to this Agreement or to waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such Person; provided further, that any such agreement on the part of Purchaser or Seller shall only be valid if such instrument is also signed on behalf of Abbott. The failure or delay of any of Purchaser, Seller or Abbott to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by any of Purchaser, Seller or Abbott of any of its rights under this Agreement preclude any other or further exercise of such rights or any other rights under this Agreement.
Appears in 8 contracts
Sources: Triage Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.), Purchase Agreement (Quidel Corp /De/)